BLAW Exam 1

Which of the following is NOT true about​ Rawls' social justice​ theory? A. A criticism of​ Rawls' social justice theory is that it is difficult to reach consensus on what the universal rules should be. B. One criticism of​ Rawls' social justice theory is that many persons in society would choose not to maximize the benefit to the least advantaged persons in society. C. As a​ caveat, Rawls also proposed that the least advantaged in society must receive special assistance to realize their potential. D. Fairness is considered the essence of justice under​ Rawls' social justice theory. E. One criticism of​ Rawls' social justice theory is that establishing the blind​ "original position" for choosing moral principles is impossible in the real world.

A. A criticism of​ Rawls' social justice theory is that it is difficult to reach consensus on what the universal rules should be.

Which of the following is an INCORRECT statement regarding the Equal Protection Clause of the Fourteenth Amendment to the United States​ Constitution? A. Artificial​ persons, such as​ corporations, are not protected under the Equal Protection Clause. B. The original purpose of the Equal Protection Clause was to guarantee equal rights to all persons after the Civil War. C. The Equal Protection Clause expressly applies to state and local government action. D. The U.S. Supreme Court has held that the Equal Protection Clause applies to federal government action. E. The Equal Protection Clause prohibits​ state, local, and federal governments from enacting laws that classify and treat​ "similarly situated" persons differently.

A. Artificial​ persons, such as​ corporations, are not protected under the Equal Protection Clause. Artificial​ persons, such as​ corporations, are protected under the Equal Protection Clause.

Which of the following is an INCORRECT statement regarding​ mediation? A. A​ mediator's decision is binding and​ non-appealable. B. Mediation is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute. C. The mediator usually acts as an intermediary between the parties. D. A​ mediator's role is to assist the parties in reaching a settlement. E. The mediator is usually a person who is an expert in the area of the dispute or a lawyer or retired judge.

A. A​ mediator's decision is binding and​ non-appealable. Unlike an​ arbitrator, a mediator does not make a decision or award.

In ​Granholm, Governor of Michigan v. Heald​, the court held that a Michigan law requiring​ out-of-state wineries to use Michigan wholesalers to sell their wine to Michigan residents violated the​ _____ Clause. A. Commerce B. Just Compensation C. Takings D. Establishment E. Equal Protection

A. Commerce The U.S. Supreme Court held that the Michigan state law that discriminated against​ out-of-state wineries in favor of​ in-state wineries caused an undue burden on interstate​ e-commerce, in violation of the Commerce Clause of the U.S. Constitution.

Which of the following is NOT true about the outsourcing of U.S.​ jobs? A. Companies that outsource the manufacturing of good to foreign countries are still obligated to comply with the same worker protections laws that would apply if the products were made in the United States. B. The largest manufacturing outsourcing country for the United States is China. C. Outsourcing means that the U.S. company has hired an independent​ third-party company in another country to produce the good or service. D. The reason U.S. companies outsource the production of goods and the provisions of services is that they can be produced or provided at a lower cost in foreign countries. E. Companies in the United States often outsource​ knowledge-based work and services to foreign countries.

A. Companies that outsource the manufacturing of good to foreign countries are still obligated to comply with the same worker protections laws that would apply if the products were made in the United States.

Which of the following is NOT true about the corporate citizenship theory of social​ responsibility? A. Corporate citizenship theory argues that a​ corporation's duty is to make a profit while avoiding causing harm to others. B. A major criticism of corporate citizenship theory is that the duty of a corporation to do good cannot be expanded beyond certain limits. C. Corporate citizenship theory contends that a business is responsible for helping to solve social problems that it did​ little, if​ anything, to cause. D. Corporate citizenship theory contends that corporations owe a duty to promote the same social goals as individual members of society. E. The corporate citizenship theory of social responsibility argues that business has a responsibility to do good.

A. Corporate citizenship theory argues that a​ corporation's duty is to make a profit while avoiding causing harm to others.

Which of the following is a correct statement regarding forum​ shopping? A. Courts generally frown upon forum shopping. B. Forum shopping is encouraged in state​ court, but not in federal court. C. As a general​ rule, adults are allowed to engage in forum​ shopping, while minors are not. D. Assuming that a party has standing to​ sue, he or she will be allowed to engage in forum shopping. E. Forum shopping is encouraged in federal​ court, but not in state court.

A. Courts generally frown upon forum shopping. Courts general frown upon parties looking for a favorable court without a valid reason. This is known as forum shopping.

Which of the following is NOT true about ethical​ fundamentalism? A. Ethical fundamentalism is based on the premise that people can use reasoning to reach ethical decisions. B. The outside source may be a book​ (e.g., the​ Bible, the​ Koran) or a person​ (e.g., Karl​ Marx). C. Under ethical​ fundamentalism, a person looks to an outside source for ethical rules or commands. D. Taken to an​ extreme, the result of applying ethical fundamentalism could be considered unethical under most other moral theories. E. Critics argue that ethical fundamentalism does not permit people to determine right and wrong for themselves.

A. Ethical fundamentalism is based on the premise that people can use reasoning to reach ethical decisions. Under ethical​ fundamentalism, a person looks to an outside source for ethical rules or commands. This may be a book​ (e.g., the​ Bible, the​ Koran) or a person​ (e.g., Karl​ Marx). Critics argue that ethical fundamentalism does not permit people to determine right and wrong for themselves. Taken to an​ extreme, the result could be considered unethical under most other moral theories.​ Kant's philosophy is based on the premise that people can use reasoning to reach ethical decisions.

When legal scholars look to past legal decisions​ (precedent) to solve contemporary​ problems, it is an example of which school of​ jurisprudence? A. Historical School B. Natural Law School C. Sociological School D. Command School E. Law and Economics School

A. Historical School

Which of the following is NOT true about contingency​ fees? A. If the lawyer does not win or settle the case in the​ client's favor, the client must pay the​ attorney's hourly rate. B. Under a​ contingency-fee arrangement, the lawyer receives a percentage of the amount recovered by winning or settling a case. C. Expenses for expert witnesses and the like are deducted from the gross amount recovered. D. ​Contingency-fee arrangements are often used in automobile accident​ lawsuits, medical malpractice​ claims, product liability​ lawsuits, and other personal injury lawsuits. E. Contingency fees normally range from 20 to 50 percent of the award or​ settlement, with the average being about 35 to 40 percent.

A. If the lawyer does not win or settle the case in the​ client's favor, the client must pay the​ attorney's hourly rate. In certain types of​ cases, attorneys work on a​ contingency-fee basis. Under a​ contingency-fee arrangement, the lawyer receives a percentage of the amount recovered by winning or settling a case. Contingency fees normally range from 20 to 50 percent of the award or​ settlement, with the average being about 35 to 40 percent. Expenses for expert witnesses and the like are deducted from the gross amount recovered. The client receives the remainder after attorney fees and expenses have been deducted. If the lawyer does not win or settle the case in the​ client's favor, the lawyer receives nothing.​ Contingency-fee arrangements are often used in automobile accident​ lawsuits, medical malpractice​ claims, product liability​ lawsuits, and other personal injury lawsuits.

According to​ _____, people owe moral duties that are based on universal rules. A. Kantian ethics B. ethical relativism C. ethical fundamentalism D. ​Rawls's social justice theory E. utilitarianism

A. Kantian ethics

Which of the following schools of jurisprudential thought might suggest that the federal​ government's policy of subsidized housing provides incentives resulting in too many homes being​ built? A. Law and Economics B. Sociological C. Critical Legal Studies D. Command E. Analytical

A. Law and Economics

Approximately what percent of cases are settled before they go to​ trial? A. More than​ 95% B. less than​ 10% C. ​50% D. ​80% E. ​25%

A. More than​ 95% More than​ 95% of all cases are settled before they go to trial. Next question

Laws that make discrimination in employment illegal is an example of which school of​ law? A. Sociological School B. Command School C. Natural Law School D. Law and Economics School E. Critical Legal Studies School

A. Sociological School The Sociological School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals. The followers of this​ philosophy, known as​ realists, believe that the purpose of law is to shape social behavior. Laws that make discrimination in employment illegal are an example of the Sociological School of​ jurisprudence, as ending discrimination is a sociological goal. Next question

Who may issue executive​ orders? A. The president of the United States and state governors B. Congress C. Only state governors D. Only the president of the United States E. Heads of administrative agencies

A. The president of the United States and state governors

Which of the following is an INCORRECT statement regarding​ utilitarianism? A. Utilitarianism dictates that people must choose the action or follow the rule that provides the greatest good to society. This means the greatest good for the greatest number of people. B. Utilitarianism has been criticized because it is difficult to apply in an imperfect world. C. Utilitarianism has been criticized because it treats morality as if it were an impersonal mathematical calculation. D. Utilitarianism has been criticized because it is difficult to estimate the​ "good" that will result from different actions. E. Utilitarianism dictates that people must choose the action or follow the rule that provides the greatest good to society.

A. Utilitarianism dictates that people must choose the action or follow the rule that provides the greatest good to society. This means the greatest good for the greatest number of people.

The Clean Water Act is an example of​ _____. A. a federal statute B. a state statute C. federal common law D. state common law E. a federal constitutional provision

A. a federal statute A statute is a written law enacted by the legislative branch of the federal or state government that establishes certain courses of conduct to which covered parties must adhere. The Clean Water​ Act, which regulates the quality of water and restricts water​ pollution, is an example of a federal statute.

On​ appeal, the responding party is called the​ _____. A. appellee B. petitioner C. ​counter-claimant D. appellant E. ​cross-complainant

A. appellee On​ appeal, the responding party is called the​ appellee, or respondent.

If a person looks to Karl Marx for ethical rules or​ commands, this is an example of​ _____. A. ethical fundamentalism B. Kantian ethics C. ​Rawls's social justice theory D. ethical relativism E. utilitarianism

A. ethical fundamentalism

Laws that are enacted only after considerable​ study, debate, and public input are an example of which function of the​ law? A. facilitating orderly change B. keeping the peace C. providing a basis for compromise D. maximizing individual freedom E. facilitating planning

A. facilitating orderly change

Laws that make certain activities crimes are an example of which function of the​ law? A. keeping the peace B. facilitating orderly change C. providing a basis for compromise D. facilitating planning E. maximizing individual freedom

A. keeping the peace

If five United States Supreme Court justices agree as to the outcome and reasoning used to decide a​ case, it is​ a(n) _____ decision. A. majority B. tie C. plurality D. appealable E. unanimous

A. majority If a majority of the United States Supreme Court justices agree to the outcome and reasoning used to decide a​ case, it is a majority decision.

Occupational safety laws that establish minimum safety standards for protecting employees from injuries in the workplace are an example of​ ________. A. moral minimum B. corporate citizenship C. corporate social responsibility D. profit maximization E. stakeholder interest

A. moral minimum

In the U.S. Supreme Court case Horne v. Department of​ Agriculture, the Supreme Court decided that there was a taking by the U.S. government of​ Horne's __________, and that the government owes Horne the fair market value of the raisins taken. A. personal property B. crops C. commercial property D. market share E. economic property

A. personal property The U.S. Supreme Court held that there was a taking by the U.S. government of​ Horne's personal​ property, and that the government owes them the fair market value of the raisins taken.

Zippo Dot​ Com, Inc. operated an internet website that transmitted information and​ _______ material to its​ subscribers? A. sexually explicit B. old C. no D. lighter E. outdated

A. sexually explicit Zippo Dot Com Inc. operated an internet website that transmitted information and sexually explicit material to its subscribers.

​Linda's friend Jon is injured in an accident caused by Emily. Jon decides not to sue Emily. Linda cannot sue Emily on​ Jon's behalf because she does not have​ _____. A. standing to sue B. in personam jurisdiction C. in rem jurisdiction D. quasi in rem jurisdiction E. venue

A. standing to sue Linda cannot sue Emily on​ Jon's behalf because she does not have standing to sue. To bring a​ lawsuit, a plaintiff must have standing to sue. This means the plaintiff must have some stake in the outcome of the lawsuit. Linda cannot sue Emily on​ Jon's behalf because she does not have an interest in the result of the case.

Zippo Manufacturing Company sued Zippo Dot​ Com, Inc. in U.S. District Court for what kind of​ infringement? A. trademark B. brand C. symbol D. copyright E. patent

A. trademark Zippo Manufacturing Company sued Zippo Dot​ Com, Inc. in U.S. District Court for trademark infringement.

Article​ _____ of the United States Constitution establishes the​ _____ branch of the federal government. A. ​III; judicial B. ​II; legislative C. ​I; judicial D. ​II; judicial E. ​III; executive

A. ​III; judicial Article III of the United States Constitution establishes the judicial branch of the federal government by establishing the U.S. Supreme Court and providing for the creation of other federal courts by Congress. The judicial branch of the government is responsible for interpreting the U.S. Constitution and federal law.

Pursuant to the​ _____ Amendment to the United States​ Constitution, a party to a​ _____ action at law is guaranteed the right to a jury trial in a case in federal court. A. ​Seventh; civil B. ​Seventh; criminal C. ​Ninth; civil D. ​Ninth; criminal E. ​Tenth; criminal

A. ​Seventh; civil Pursuant to the Seventh Amendment to the U.S.​ Constitution, a party to a civil action at law is guaranteed the right to a jury trial in a case in federal court. Most state constitutions contain a similar guarantee for state court actions.

A defendant may choose to countersue the plaintiff by filing a document against the plaintiff to seek damages or some other remedy. What is this filing​ called? A. ​cross-complaint B. answer C. appeal D. summons E. reply

A. ​cross-complaint The​ cross-complaint is a document filed by the defendant against the plaintiff in addition to an answer. This document requires a reply from the original plaintiff and is used if the defendant believes he or she is entitled to damages or some other remedy.

Suppose that the state of Massachusetts enacts a law that forbids Mexico and businesses located in that country from doing business in Massachusetts because Massachusetts does not favor the way workers are treated there. Such a prohibition would be​ _____ due to the​ _____ Clause of the United States Constitution. A. ​illegal; Commerce B. ​legal; Commerce C. ​legal; Privileges and Immunities D. ​illegal; Takings E. ​illegal; Privileges and Immunities

A. ​illegal; Commerce Direct and indirect regulation of foreign commerce violates the Foreign Commerce Clause and is therefore unconstitutional.

Which of the following are categories of courts that established English common​ law? A. ​law, equity, and merchant B. ​qualified, restrictive, and special C. ​arbitration, mediation, and merchant D. ​civil, criminal, and alternative dispute resolution E. ​substantive, procedural, and law

A. ​law, equity, and merchant

Section 406 of the​ Sarbanes-Oxley Act requires a​ _____ company to disclose whether it has adopted a code of ethics for its​ _____. A. ​public; senior financial officers B. closely​ held; rank-and-file employees C. ​private; senior financial officers D. ​public; rank-and-file employees E. closely​ held; senior financial officers

A. ​public; senior financial officers Section 406 of the​ Sarbanes-Oxley Act requires a public company to disclose whether it has adopted a code of ethics for its senior financial​ officers, including its principal financial officer and principal accounting officer.

Most state court systems include all of the following​ EXCEPT? A. ​special-jurisdiction federal district courts B. ​limited-jurisdiction trial courts C. ​general-jurisdiction trial courts D. highest state court E. intermediate appellate courts

A. ​special-jurisdiction federal district courts Most state court systems include the​ following: limited-jurisdiction trial​ courts; general-jurisdiction trial​ courts; intermediate appellate​ courts; and a highest state court.

After it was discovered that​ Apple's software updates were intentionally causing their phones to slow​ down, which of the following did Apple NOT agree to​ do? A. Apple agreed to pay at minimum​ $325 million to iPhone users whose phones had slowed down. B. Apple agreed to stop slowing down phones. C. Apple agreed to notify iPhone users of software updates that would cause an adverse effect on performance. D. Apple agreed to pay lead plaintiffs in the case​ $1,500 each. E. Apple agreed to pay those who gave evidence in the case​ $3,500 each.

B. Apple agreed to stop slowing down phones.

Which of the following was NOT a result of the information​ age? A. The information age arrived before new laws were written that were unique and specific to this environment. B. Courts were unable to apply existing law to new digital technologies. C. There are many electronic devices in​ use, such as​ smartphones, tablets,​ televisions, digital​ cameras, and electronic game devices. D. Technology has brought new ways of​ communicating, such as email and​ texting, as well as the use of social networks. E. ​Computers, once primarily used by​ businesses, have permeated the lives of most families as well.

B. Courts were unable to apply existing law to new digital technologies. Courts have applied existing laws to the new digital and technological environment by requiring interpretations and applications. In​ addition, new laws have been written that apply specifically to this new digital and information technology environment.

The​ _______ Clause prohibits the government from either establishing a​ government-sponsored religion or promoting one religion over another. A. Commerce B. Establishment C. Free Exercise D. Takings E. Equal Protection

B. Establishment The Establishment Clause prohibits the government from either establishing a​ government-sponsored religion or promoting one religion over another.

_____ holds that individuals must decide what is ethical based on their own feelings about what is right and wrong. A. Utilitarianism B. Ethical relativism C. ​Rawls's social justice theory D. Ethical fundamentalism E. Kantian ethics

B. Ethical relativism

Regulations that limit the use of offensive language on television programs to certain times of the evening when children would be unlikely to watch does not violate the​ _____ because such offensive language is considered​ _____ speech. A. Commerce​ Clause; limited protected B. First​ Amendment; limited protected C. First​ Amendment; fully protected D. Fifth​ Amendment; unprotected E. Commerce​ Clause; unprotected

B. First​ Amendment; limited protected The Federal Communications Commission​ (FCC) is a federal administrative agency that regulates​ radio, television, and cable stations. Under its​ powers, the FCC has regulated the use of offensive language on television by limiting such language to time periods when children would be unlikely to be watching​ (e.g., late at​ night). Limited protected speech is speech that the government may not​ prohibit, such as offensive​ speech, but that is subject to​ time, place, and manner restrictions.

Which of the following is an INCORRECT statement regarding the​ Sarbanes-Oxley Act and the​ reason(s) for its​ enactment? A. In response to the​ Sarbanes-Oxley Act, many public companies have voluntarily included all officers and employees in the coverage of their code of ethics. B. In the late 1990s and early​ 2000s, many small companies in the United States were found to have engaged in massive financial fraud. C. The​ Sarbanes-Oxley Act makes certain conduct illegal and establishes criminal penalties for violations. D. Financial​ officers, such as chief financial officers and​ controllers, were found to have been instrumental in committing corporate fraud in the United States in the late 1990s and early 2000s. E. Many of the corporate frauds committed in the United States in the late 1990s and early 2000s were perpetrated by the chief executive officers and other senior officers of the companies.

B. In the late 1990s and early​ 2000s, many small companies in the United States were found to have engaged in massive financial fraud. In the late 1990s and early​ 2000s, many large corporations in the United States were found to have engaged in massive financial fraud. Many of these frauds were perpetrated by the chief executive officers and other senior officers of the companies. Financial​ officers, such as chief financial officers and​ controllers, were also found to have been instrumental in committing these frauds.

Which of the following is an INCORRECT statement regarding​ e-dispute resolution? A. Most online arbitration requires the registering party to submit an amount that the party is willing to accept or pay to the other party in the online arbitration. B. In​ e-dispute resolution, the parties may not be represented by attorneys. C. Online mediation is called electronic mediation. D. Many alternative dispute resolution providers offer electronic arbitration services. E. Several websites offer online mediation.

B. In​ e-dispute resolution, the parties may not be represented by attorneys. The parties may be represented by attorneys in​ e-dispute resolution if they so choose.

Which of the following statements is NOT true about studying the materials in this​ textbook? A. It will help you develop communication and critical thinking skills. B. It is only relevant if you are planning to go to law school. C. You will be able to take the lessons from this text and develop career skills that are​ useful, regardless of the future job you will hold. D. As you pick apart complex cases and legal​ issues, you will develop your analytical thinking skills. E. Some cases in the textbook will push beyond legal​ thinking, and into the question of ethical thinking.

B. It is only relevant if you are planning to go to law school. The lessons you learn from this textbook will help you develop career skills that are​ useful, regardless of the future job you will hold.​ Communication, critical​ thinking, collaboration, knowledge application and​ analysis, business ethics and social​ responsibility, and information technology application are key to a successful career​ today, and this text will help you develop many of these employment skills.

Which of the following is an INCORRECT statement regarding ethical​ relativism? A. Ethical relativism has been criticized because action that is usually though to be unethical would not be unethical if the perpetrator thought it was in fact ethical. B. Many philosophers advocate ethical relativism as an acceptable moral theory. C. Ethical relativism holds than individuals must decide what is ethical based on their own feelings about what is right and wrong. D. According to ethical​ relativism, if a person meets his or her own moral standard in making a​ decision, no one can criticize him or her for it. E. Ethical relativism provides no universal ethical rules to guide a​ person's conduct.

B. Many philosophers advocate ethical relativism as an acceptable moral theory. The theory of ethical relativism has been criticized because action that is usually thought to be unethical​ (for example, committing​ fraud) would not be unethical if the perpetrator thought it was in fact ethical. Few philosophers advocate ethical relativism as an acceptable moral theory.

Which of the following is NOT true about​ Sarbanes-Oxley? A. ​Sarbanes-Oxley makes certain conduct illegal and establishes criminal penalties for violations. B. Public companies are required to include all officers and employees in the coverage of their codes of ethics. C. Section 406 of the​ Sarbanes-Oxley Act requires a public company to disclose whether it has adopted a code of ethics for senior financial officers. D. ​Sarbanes-Oxley was enacted in 2002 in response to many large corporations in the United States engaging in massive financial frauds. E.​ Sarbanes-Oxley prompts companies to encourage senior officers of public companies to act ethically in their dealings with​ shareholders, employees, and other constituents.

B. Public companies are required to include all officers and employees in the coverage of their codes of ethics.

Under​ _____, fairness is considered the essence of justice. A. ethical fundamentalism B. Rawls's social justice theory C. ethical relativism D. utilitarianism E. Kantian ethics

B. Rawls's social justice theory

Which of the following is NOT true about stare decisis ? A. Adherence to precedent is called the doctrine of stare decisis​ ("to stand by the​ decision"). B. Stare decisis is meant to prevent courts from changing or reversing their legal reasoning in new cases. C. The doctrine of stare decisis makes the law more predictable for individuals and businesses. D. The courts of one jurisdiction are not bound by the precedents established by the courts of another​ jurisdiction, although they may look to each other for guidance. E. The doctrine of stare decisis promotes uniformity of law within a jurisdiction.

B. Stare decisis is meant to prevent courts from changing or reversing their legal reasoning in new cases. A court may later change or reverse its legal reasoning if a new case is presented to it and change is warranted. Next question

If a breach of contract was alleged to have occurred in 1990 and there is a​ 10-year statute of limitations on breach of contract​ actions, what could the defendant do to avoid liability if the case was not brought until​ 2020? A. The defendant could file an answer. B. The defendant could assert an affirmative defense. C. The defendant could file a​ cross-complaint. D. The defendant could file an intervention. E. The defendant could file a reply.

B. The defendant could assert an affirmative defense. A defendant can assert an affirmative defense alleging that the​ plaintiff's lawsuit is barred because the statute of limitations​ (time within which to bring the​ lawsuit) has expired. The lawsuit would have had to be filed before the​ 10-year statute of limitations had expired in 2000.

A company is trying to determine whether it should close an unprofitable plant located in a small community.​ _____ would require that the benefits to shareholders from closing the plant be compared with the benefits to​ employees, their​ families, and others in the community from keeping it open. A. Kantian ethics B. Utilitarianism C. Ethical fundamentalism D. Ethical relativism E. ​Rawls's social justice theory

B. Utilitarianism

Under the doctrine of stare decisis​, ​_____. A. a court must follow the precedent of neighboring jurisdictions B. a court may overrule precedent if a new case is presented and change is warranted C. statutes must follow the reasoning of court cases D. a court may not overrule precedent E. all court decisions must be unanimous

B. a court may overrule precedent if a new case is presented and change is warranted Under the doctrine of stare decisis​, a court may overrule precedent if a new case is presented and change is warranted.

What is a class action​ lawsuit? A. an​ anti-discrimination case B. a group of similarly situated plaintiffs collectively bringing a lawsuit against a defendant C. a lawsuit with a class of defendants D. a court case between two companies E. a case that has reached the Supreme Court

B. a group of similarly situated plaintiffs collectively bringing a lawsuit against a defendant A class action occurs when a group of plaintiffs collectively bring a lawsuit against a defendant.​ Usually, one or several named plaintiffs file a lawsuit on behalf of themselves and any other similarly​ situated, allegedly aggrieved parties.

The universal rules of Kantian ethics are based on which of the following two important​ principles? A. predictability and fairness B. consistency and reversibility C. livability and tolerance D. law and morality E. reliability and applicability

B. consistency and reversibility

Under the​ _____ theory of social​ responsibility, corporations owe a duty to subsidize schools and help educate children. A. Friedman B. corporate citizenship C. maximize profits D. corporate dissolution E. moral minimum

B. corporate citizenship The corporate citizenship theory of social responsibility argues that business has a responsibility to do well. That​ is, business is responsible for helping to solve social problems that it did​ little, if​ anything, to cause. For​ example, under the corporate citizenship theory of social​ responsibility, corporations owe a duty to subsidize schools and help educate children.

Which of the following is NOT a recognized theory of the social responsibility of​ business? A. stakeholder interest B. corporate dissolution C. maximize profits D. corporate citizenship E. moral minimum

B. corporate dissolution The four​ (4) theories of the social responsibility of business are maximize​ profits; moral​ minimum; stakeholder​ interest; and corporate citizenship.

Legal cases are usually examined using the IRAC method because​ _____. A. it provides a​ bright-line answer B. critical thinking must be used in applying the law to the facts of the case C. state law requires it D. federal law requires it E. it is the easiest way to memorize law

B. critical thinking must be used in applying the law to the facts of the case The IRAC method is an acronym that stands for​ issue, rule,​ application, and conclusion. It is used to examine legal cases because it requires the​ decision-maker to use critical thinking in applying the law to the facts of the case.

Which of the following is NOT a component of critical​ thinking? A. evaluating information and appraising evidence B. discounting opposing positions and arguments C. engaging in logical inquiry and reasoning D. recognizing and identifying problems E. considering alternative perspectives

B. discounting opposing positions and arguments

Which of the following is NOT a primary function of law in the United​ States? A. providing a basis for compromise B. establishing uniform principles of individual morality C. facilitating planning D. maximizing individual freedom E. facilitating orderly change

B. establishing uniform principles of individual morality

If a person looks to the Bible or Koran for ethical rules or​ commands, this is an example of​ _____. A. ethical relativism B. ethical fundamentalism C. Kantian ethics D. ​Rawls's social justice theory E. utilitarianism

B. ethical fundamentalism

The Securities and Exchange Commission is an example of a​ _____. A. federal tribunal of binding arbitration B. federal administrative agency C. state court of special jurisdiction D. federal court of special jurisdiction E. state administrative agency

B. federal administrative agency

According to English common​ law, the only relief available in​ _______________ was a monetary award for damages. A. equity courts B. law courts C. chancery courts D. monetary courts E. merchant courts

B. law courts To create a uniform system of​ law, English common law was developed by judges who issued their opinions when deciding cases. The principles announced in these cases became precedent for later judges deciding similar cases. According to English common​ law, the only relief available in law courts was a monetary award for damages.

Some proponents of corporate social responsibility argue that a​ corporation's duty is to make a profit while avoiding causing harm to others. This is the​ _____ theory of social responsibility. A. stakeholder interest B. moral minimum C. corporate citizenship D. ethical harmony E. maximize profits

B. moral minimum

If the federal government or a state government brings a criminal lawsuit against a defendant for the alleged commission of a​ crime, the government must notify the person of its intent​ (by charging the defendant with a​ crime) and provide the defendant with a proper hearing​ (a trial). What type of due process would this​ be? A. immunity process clause B. procedural due process C. due process clause D. substantive due process E. privilege due process clause

B. procedural due process The procedural due process form of due process requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her​ life, liberty, or property.

Which of the following is NOT a recognized theory of the social responsibility of​ business? A. moral minimum B. societal harmony C. corporate citizenship D. maximize profits E. stakeholder interest

B. societal harmony

The doctrine of​ _____ promotes uniformity of law within a​ jurisdiction, makes the court system more​ efficient, and makes the law more predictable for individuals and businesses. A. post hoc ergo propter hoc B. stare decisis C. per se D. esse quam videri E. res ipsa loquitur

B. stare decisis

If all of the United States Supreme Court Justices voting agree as to the outcome and reasoning used to decide a​ case, it is​ a(n) _____ decision. A. appealable B. unanimous C. remanded D. majority E. plurality

B. unanimous If all of the United States Supreme Court Justices voting agree as to the outcome and reasoning used to decide a​ case, it is a unanimous decision. A unanimous decision becomes precedent for later cases.

Which of the following is NOT a method used in the discovery​ process? A. depositions B. ​cross-examinations C. production of documents D. interrogatories E. physical or mental examinations

B. ​cross-examinations Cross-examinations are not part of the discovery process.​ Instead, they are part of the trial process where the opposing attorney gets a chance to question the other​ party's witnesses.

A party who disputes the jurisdiction of a court can make a​ _____ appearance in that court to argue against imposition of jurisdiction. Service of process​ _____ permitted during such an appearance. A. ​general; is B. ​special; is not C. ​special; is D. ​general; is not E. pro​ se; is

B. ​special; is not A party who disputes the jurisdiction of a court can make a special appearance in that court to argue against imposition of jurisdiction. Service of process is not permitted during such an appearance.

A notice of appeal must be filed by a party within a prescribed period of​ time, usually within​ _____. A. 6 months or 1 year B. 1 or 3 weeks C. 60 or 90 days D. 24 hours E. 5 or 7 days

C. 60 or 90 days In a civil​ case, either party can appeal the trial​ court's decision once a final judgment is entered. Only the defendant can appeal in a criminal case. The appeal is made to the appropriate appellate court. A notice of appeal must be filed by a party within a prescribed time after judgment is​ entered, usually within 60 or 90 days. Next question

Which of the following is an INCORRECT statement regarding law and​ ethics? A. Not all ethical standards have been enacted as law. B. Most laws are based on ethical standards. C. Businesses organized in the United States are not subject to the laws of other countries in which they operate. D. Ethics demands more than the minimum degree of conduct expected by persons and businesses in society. E. The law establishes a minimum degree of conduct expected by persons and businesses in society.

C. Businesses organized in the United States are not subject to the laws of other countries in which they operate.

The​ _____ School of jurisprudence believes that the law is a set of rules​ developed, communicated, and enforced by the ruling party rather than a reflection of the​ society's morality,​ history, logic, or sociology. A. Analytical B. Historical C. Command D. Sociological E. Natural Law

C. Command

Which of the following is NOT true about​ utilitarianism? A. Utilitarianism has been criticized because it is difficult to estimate the​ "good" that will result from different actions. B. Applying​ utilitarianism, if an action would increase the good of 25 people by 1 unit each and an alternative action would increase the good of 1 person by 26​ units, then the latter action should be taken. C. Critics argue that utilitarianism does not permit people to determine right and wrong for themselves. D. Utilitarianism is a moral theory with origins in the works of Jeremy Bentham​ (1748-1832) and John Stuart Mill​ (1806-1873). E. This moral theory dictates that people must choose the action or follow the rule that provides the greatest good to society.

C. Critics argue that utilitarianism does not permit people to determine right and wrong for themselves. Utilitarianism is a moral theory with origins in the works of Jeremy Bentham​ (1748-1832) and John Stuart Mill​ (1806-1873). This moral theory dictates that people must choose the action or follow the rule that provides the greatest good to society. This does not mean the greatest good for the greatest number of people. For​ example, if an action would increase the good of 25 people by 1 unit each and an alternative action would increase the good of 1 person by 26​ units, then, according to​ utilitarianism, the latter action should be taken. Utilitarianism has been criticized because it is difficult to estimate the​ "good" that will result from different​ actions, it is difficult to apply in an imperfect​ world, and it treats morality as if it were an impersonal mathematical calculation. Critics argue that ethical fundamentalism does not permit people to determine right and wrong for themselves.

The​ _____ School of jurisprudence asserts that the law is an aggregate of social traditions and customs that have developed over the centuries. A. Natural Law B. Analytical C. Historical D. Sociological E. Command

C. Historical The Historical School of jurisprudence asserts that the law is an aggregate of social traditions and customs that have developed over the centuries. It represents the belief that changes in the norms of society will gradually be reflected in the law.

Which of the following is NOT a major theory of business​ ethics? A. utilitarianism B. ethical relativism C. Howley ethics D. ethical fundamentalism E. ​Rawl's social justice theory

C. Howley ethics There are five​ (5) major theories of business​ ethics: ethical​ fundamentalism; utilitarianism; Kantian​ ethics; Rawl's social justice​ theory; and ethical relativism. Next question

Which of the following is a correct statement regarding the corporate citizenship theory of social​ responsibility? A. If this theory were taken to its maximum​ limit, potential shareholders would be more than willing to invest in corporations. B. It is always consistent with the​ "maximize profits" theory of social responsibility. C. It contends that corporations owe a duty to promote the same social goals as individual members of society. D. A major advantage of this theory is that corporate resources are​ limitless, and the duty of a corporation to solve social problems is limitless. E. It argues that corporate power is not a gift from​ society, but is instead earned.

C. It contends that corporations owe a duty to promote the same social goals as individual members of society. The corporate citizenship theory of social responsibility argues that business has a responsibility to do well. That​ is, business is responsible for helping to solve social problems that it did​ little, if​ anything, to cause. This theory contends that corporations owe a duty to promote the same social goals as individual members of society.

​_____ is also called duty ethics. A. Ethical fundamentalism B. ​Rawls's social justice theory C. Kantian ethics D. Ethical relativism E. Utilitarianism

C. Kantian ethics

The​ _____ School of jurisprudence asserts that the law should be based on morality and ethics. A. Historical B. Sociological C. Natural Law D. Analytical E. Command

C. Natural Law

Which of the following is NOT true about electronically stored information or​ ESI? A. In some​ instances, experts in computer forensics are necessary to recover​ misplaced, altered, or hidden electronic documents. B. An objection to the production of ESI must be stated with specificity. C. Parties are not required to produce ESI. D. Parties may object to the production of ESI. E. Anyone who is a party to​ litigation, or reasonably anticipates being a​ party, has a duty to preserve relevant ESI.

C. Parties are not required to produce ESI. Relevant electronically stored information​ (ESI) must be produced by the parties in litigation and arbitration proceedings.

State universities are permitted to charge​ out-of-state residents higher tuition than​ in-state residents. States are also permitted to charge higher fees to nonresidents for hunting and fishing licenses. Courts have held that certain types of discrimination that favor state residents over nonresidents do not violate the​ _________. A. Takings Clause B. Just Compensation Clause C. Privileges and Immunities Clause D. Establishment Clause E. Equal Protection Clause

C. Privileges and Immunities Clause Privileges and Immunities Clauses are constitutional provisions that prohibit states from enacting laws that unduly discriminate in favor of their residents.

The​ _____ School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals. A. Analytical B. Command C. Sociological D. Natural Law E. Historical

C. Sociological

Any state or local law that​ "directly and​ substantially" conflicts with valid federal law is preempted under the​ _____ Clause. A. Equal Protection B. Commerce C. Supremacy D. Takings E. Privileges and Immunities

C. Supremacy The Supremacy Clause of the United States Constitution establishes that the​ Constitution, and federal​ treaties, laws, and regulations are the supreme law of the land.

Which of the following is an INCORRECT statement regarding interstate commerce and the Commerce Clause of the United States​ Constitution? A. Any intrastate activity that has an effect on interstate commerce is subject to federal regulation. B. Under the effects on interstate commerce​ test, the regulated activity does not itself have to be in interstate commerce. C. The Commerce Clause gives the states the authority to regulate interstate commerce. D. ​Originally, the courts interpreted the Commerce Clause to mean that the federal government could only regulate commerce that moved in interstate commerce. E. The modern interpretation of the Commerce Clause allows the federal government to regulate activities that affect interstate commerce.

C. The Commerce Clause gives the states the authority to regulate interstate commerce. The Commerce Clause gives the federal government the authority to regulate interstate commerce.​ Originally, the courts interpreted this clause to mean that the federal government could regulate only commerce that moved in interstate​ commerce, that​ is, commerce that is conducted across state borders. The modern​ interpretation, however, allows the federal government to regulate activities that affect interstate commerce.

Which of the following is NOT true about stare decisis​? A. The courts of one jurisdiction are not bound by the precedents established by the courts of another jurisdiction. B. Lower courts must follow the precedent established by higher courts. C. The courts of one jurisdiction are bound by the precedents established by the courts of another jurisdiction. D. All federal and state courts in the United States must follow the precedents established by U.S. Supreme Court decisions. E. Past court decisions become precedent for deciding future cases.

C. The courts of one jurisdiction are bound by the precedents established by the courts of another jurisdiction.

Which of the following is NOT true about the outsourcing of U.S.​ jobs? A. To avoid compliance with and therefore the costs of U.S. worker protection​ laws, some U.S. companies outsource the production of their goods to workers in other countries. B. Many workers in foreign companies that produce goods for​ U.S.-based companies are provided none of the safety and other protections afforded to U.S. workers. C. The largest manufacturing outsourcing country for the U.S. is Mexico. D. India has a large​ English-speaking and increasingly skilled population that provides professional services to U.S. companies. E. Some U.S. companies have been accused of ignoring human rights violations in their supply​ chains, such as using child labor in​ Africa's cobalt mines.

C. The largest manufacturing outsourcing country for the U.S. is Mexico.

Which of the following is an INCORRECT statement regarding​ Rawls's social justice​ theory? A. One criticism of this theory is that establishing the blind​ "original position" for choosing moral principles is impossible in the real world. B. Under this​ theory, the principles of justice should be chosen by persons who do not yet know their station in society. C. Under this​ theory, free enterprise is considered the essence of justice. D. One criticism of this theory is that many persons in society would choose not to maximize the benefit to the least advantaged persons in society. E. Under this​ theory, a​ "veil of​ ignorance" would permit the fairest possible principles to be selected.

C. Under this​ theory, free enterprise is considered the essence of justice.

Which of the following is not a relevant question according to the IRAC method of critical legal​ thinking? A. What is the rule of the​ case? B. What is the legal issue in the​ case? C. Which executive nominated the judge presiding over the​ case? D. What is the​ court's analysis and​ rationale? E. What was the conclusion or outcome of the​ case?

C. Which executive nominated the judge presiding over the​ case?

Why do so many law professors use the Socratic method in their​ classrooms? A. because it is the easiest way to memorize law B. because federal law requires it C. because it stimulates class discussions D. because state law requires it E. because that is how they were taught

C. because it stimulates class discussions The Socratic method consists of the professor asking students questions about a case or legal issue to stimulate critical thinking by the students. This process consists of a series of questions and answers and a​ give-and-take inquiry and debate between a professor and the students. The Socratic method stimulates class discussions. Good teachers recognize and focus on the questions and activities that stimulate the mind.

Which of the following is NOT a function of​ law? A. maximizing individual freedom B. facilitating planning C. changing the status quo D. shaping moral standards E. keeping the peace

C. changing the status quo Maintaining the status quo is a function of the​ law, not changing the status quo.

A summons is a court order directing the defendant to appear in court and answer a​ _____, and is part of the pretrial litigation process. A. permanent injunction B. counterclaim C. complaint D. temporary injunction E. reply

C. complaint Once a complaint has been filed with the​ court, the court issues a summons. A summons is a court order directing the defendant to appear in court and answer the complaint. The complaint and summons are served on the defendant through service of process.​ Pleadings, such as complaints and​ summons) are part of the pretrial litigation process.

Federal law prohibits employers from hiring certain illegal alien workers. Suppose an employer advertises the availability of a job and receives no response except from a person who cannot prove he or she is a citizen of this country and does not possess a required visa. The worker and his or her family are destitute. The employer believes she has an ethical obligation to hire the person. In determining whether the employer should violate the law and hire the​ person, this is an example of how law and ethics​ _____. A. supplement each other B. intertwine C. conflict D. collaborate E. are absolute standards

C. conflict Sometimes the law demands certain conduct but a​ person's ethical standards are contrary. In the subject​ case, since the law and the​ employer's ethical standards are​ different, this is an example of how law and ethics conflict.

The​ _____ theory of social responsibility argues that business has a responsibility to improve society and help solve social problems. A. ethical harmony B. moral minimum C. corporate citizenship D. stakeholder interest E. maximize profits

C. corporate citizenship

Under​ _____, a person looks to an outside source for ethical rules or commands. A. ethical relativism B. Kantian ethics C. ethical fundamentalism D. ​Rawls's social justice theory E. utilitarianism

C. ethical fundamentalism

​Originally, the Bill of Rights limited intrusive action by the​ _____ only. Intrusive actions by state and local governments were not limited until the​ _____ was added to the Constitution in 1868. A. Supreme​ Court; Privileges and Immunities Clause B. ​President; Due Process Clause of the Fourteenth Amendment C. federal​ government; Due Process Clause of the Fourteenth Amendment D. House of​ Representatives; Commerce Clause E. federal​ government; Commerce Clause

C. federal​ government; Due Process Clause of the Fourteenth Amendment Originally, the Bill of Rights limited intrusive action by the federal government only. Intrusive actions by state and local governments were not limited until the Due Process Clause of the Fourteenth Amendment was added to the Constitution in 1868..

Fundamental rights guaranteed in the First Amendment include all of the following​ EXCEPT? A. freedom of religion B. freedom of speech C. freedom to accumulate D. freedom of the press E. freedom to assemble

C. freedom to accumulate Fundamental rights guaranteed in the First Amendment include freedom of​ speech, freedom to​ assemble, freedom of the​ press, and freedom of religion. Most of these rights have also been found applicable to​ so-called artificial persons.

Which of the following is NOT a major phase of pretrial​ litigation? A. discovery B. settlement conference C. jury instructions D. pleadings E. pretrial motions

C. jury instructions The pretrial litigation process can be divided into the following major​ phases: pleadings,​ discovery, pretrial​ motions, and settlement conference. Jury instructions are not read until after the closing arguments.

Which of the following is NOT a function of the discovery​ process? A. preserving evidence B. saving court time C. jury selection D. preventing surprises E. promoting the settlement of cases

C. jury selection Jury selection is not part of the discovery process. It is part of the trial process.

An advertisement for toothpaste is an example of​ _____ speech. A. ​quasi-protected B. unprotected C. limited protected D. unqualifiedly protected E. fully protected

C. limited protected Commercial​ speech, such as an advertisement for​ toothpaste, was once considered unprotected by the First Amendment to the United States Constitution.​ Today, however, because of U.S. Supreme Court​ decisions, the content of commercial speech is protected but is limited as to​ time, place, and manner restrictions.

United​ States' law evolves and changes along with all of the following​ EXCEPT: A. technology B. growth and expansion of commerce in the world C. misuses and oversights of our legal system D. growth and expansion of commerce in the United States E. the norms of society

C. misuses and oversights of our legal system

If a majority of United States Supreme Court Justices agree as to the outcome of a case but not as to the reasoning for reaching the​ outcome, it is​ a(n) _____ decision. A. appealable B. unanimous C. plurality D. tie E. majority

C. plurality If a majority of United States Supreme Court Justices agree as to the outcome of a case but not as to the reasoning for reaching the​ outcome, it is a plurality decision. A plurality decision settles the case but is not precedent for later cases.

Examining Justice​ Marshall's dissent in ​Rostker, Director of Selective Service v. Goldberg is an example of how this textbook will​ ____________. A. demonstrate how precedents work B. help you become a lawyer C. push students beyond legal thinking into the question of ethical thinking D. teach you about Chancery courts E. teach you how administrative agencies work

C. push students beyond legal thinking into the question of ethical thinking Court cases presented throughout the text will develop your critical legal thinking skills as you are asked to apply what you have learned to situations similar to those that you may encounter during your career. Some cases push beyond legal​ thinking, and into the question of ethical thinking. A dissent to a Supreme Court case will present a viewpoint alternate to that of the majority.

Federal​ _____ cases are cases arising under the United States​ Constitution, treaties, and federal statutes and regulations. A. declarative B. concurrent C. question D. summary judgment E. cooperative

C. question The federal courts have subject matter jurisdiction to hear cases involving​ "federal questions." Federal question cases are cases arising under the U.S.​ Constitution, treaties, and federal statutes and regulations. There is no​ dollar-amount limit on federal question cases that can be brought in federal court.

The Texas Natural Resources Code is an example of​ a(n) _____. A. ordinance B. treaty C. state statute D. executive order E. federal statute

C. state statute

The concept of federal law​ ________ state or local law is commonly called the​ _____ doctrine. A. being inferior​ to, de minimis B. being inferior​ to, prevention C. taking precedence​ over, preemption D. being inferior​ to, decentralization E. taking precedence​ over, parol evidence

C. taking precedence​ over, preemption According to the preemption​ doctrine, federal law takes precedence over state or local law.

What does a motion for judgement on the pleadings​ allege? A. that there are no factual disputes to be decided by a jury and that the judge can decide the case B. that the case needs to be postponed C. that the party making the motion would win the lawsuit assuming all facts presented in the pleadings are taken as true D. that the amount of damages being sought is not reasonable E. that the accused pleads guilty

C. that the party making the motion would win the lawsuit assuming all facts presented in the pleadings are taken as true A motion for judgement on the pleadings alleges that assuming all facts presented in the pleadings are​ true, the party making the motion would win the lawsuit when the proper law is applied. An example of this would be if a lawsuit is brought after the statute of limitations has expired.

The principles enumerated in​ _________________ are extremely broad because the founding fathers intended them to be applied to evolving​ social, technological, and economic conditions. A. ordinances B. state statutes C. the United States Constitution D. federal statutes E. state statutes

C. the United States Constitution The Constitution of the United States of America is the supreme law of the land. This means that any law—whether ​federal, state, or local—that conflicts with the U.S. Constitution is unconstitutional and therefore unenforceable. The principles enumerated in the U.S. Constitution are extremely broad because the founding fathers intended them to be applied to evolving​ social, technological, and economic conditions. The U.S. Constitution is often referred to as a​ "living document" because it is so adaptable.

Which of the following is NOT true about Milton​ Friedman? A. Friedman asserted that in a free​ society, "there is one and only one social responsibility of businessto use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game . .​ ." B. ​Friedman's view of the social responsibility of business is that business should maximize profits for shareholders. C. ​Friedman' view of the social responsibility of business contends that corporations and businesses have a duty to act with awareness of the consequences and impact that their decisions will have on all stakeholders. D. Milton Friedman won the Nobel Prize in economics when he taught at the University of Chicago. E. ​Friedman's view of the social responsibility of business dominated business and the law during the 19th​ century, holds that the interests of other constituencies are not important in and of themselves.

C. ​Friedman' view of the social responsibility of business contends that corporations and businesses have a duty to act with awareness of the consequences and impact that their decisions will have on all stakeholders.

Which of the following is an INCORRECT statement regarding small claims​ courts? A. Many states have created small claims courts to hear civil cases involving small dollar amounts. B. The decisions of small claims courts are often appealable. C. ​Generally, the parties have lawyers represent them in small claims court. D. ​Generally, the parties must appear individually. E. ​Generally, the parties cannot have lawyers represent them.

C. ​Generally, the parties have lawyers represent them in small claims court. As a general​ rule, in small claims​ court, the parties must appear individually and cannot have lawyers represent them.Approximately what percent of cases are settled before they go to​ trial? A.More than​ 95% B.less than​ 10% C.​50% D.​80% E.​25%

Which of the following is NOT accomplished through​ e-commerce? A. sales of services B. augmenting traditional​ in-store sales with online sales C. ​face-to-face interactions D. sales of goods E. licensing of intellectual property

C. ​face-to-face interactions Face-to-face interactions are not directly accomplished through​ e-commerce.

How many Circuit Courts are there in the federal court​ system? A. 12 B. 50 C. 3 D. 13 E. 48

D. 13 There are 13 federal Circuit Courts in the federal court system. The first twelve are​ geographical, while the 13th​, called the U.S. Court of Appeals for the Federal Circuit​ (located in​ Washington, D.C.), has special appellate jurisdiction to review the decisions of the Court of Federal​ Claims, the Patent and Trademark​ Office, and the Court of International Trade.

What is a​ retainer? A. A government appointed attorney for defendants who cannot otherwise afford one. B. The hourly rate paid to a lawyer for their services. C. An arrangement where the lawyer receives a percentage of the amount recovered by winning or settling a case. D. An amount deposited by the client before the lawyer proceeds. E. A private attorney hired by the defendant in a criminal case.

D. An amount deposited by the client before the lawyer proceeds. A retainer is a specified dollar amount deposited by the client in a trust account before the lawyer will proceed. This amount will cover the​ attorney's fees and is often replenished as​ attorneys' fees are billed against the retainer.

Pursuant to its​ ___________ power, Congress has established the U.S. District​ Courts, the U.S. Courts of​ Appeals, and the U.S. Bankruptcy Courts. A. Article V B. Article IV C. Article I D. Article III E. Article II

D. Article III Pursuant to its Article III​ power, Congress has established the U.S. District​ Courts, the U.S. Courts of​ Appeals, and the U.S. Bankruptcy Courts.

The​ _____ School of jurisprudence proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. A. Historical B. Analytical C. Natural Law D. Critical Legal Studies E. Sociological

D. Critical Legal Studies

Which of the following is NOT true about Kantian​ ethics? A. Kantian ethics is also called duty ethics. B. Immanuel Kant​ (1724-1804) is the​ best-known proponent of Kantian ethics. C. A criticism of Kantian ethics is that it is difficult to reach consensus on what the universal rules should be. D. Critics argue that Kantian ethics does not permit people to determine right and wrong for themselves. E. Kant believed that people owe moral duties that are based on universal rules.

D. Critics argue that Kantian ethics does not permit people to determine right and wrong for themselves. Immanuel Kant​ (1724-1804) is the​ best-known proponent of Kantian​ ethics, also called duty ethics. Kant believed that people owe moral duties that are based on universal rules.​ Kant's philosophy is based on the premise that people can use reasoning to reach ethical decisions. His ethical theory would have people behave according to the categorical imperative​ "Do unto others as you would have them do unto​ you." A criticism of Kantian ethics is that it is difficult to reach consensus on what the universal rules should be. Critics argue that ethical fundamentalism does not permit people to determine right and wrong for themselves.

Which clause generally prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen​ religions? A. Takings Clause B. Equal protection Clause C. Establishment Clause D. Free Exercise Clause E. Commerce Clause

D. Free Exercise Clause The Free Exercise Clause prohibits the government from interfering with the free exercise of religion in the United States. Next question

The Class Action Fairness Act​ (CAFA) reduces abuses in class action lawsuits in all the following ways EXCEPT​: A. It permits courts to rule on the reasonableness of coupon settlements. B. It prevents forum shopping. C. It permits courts to determine the reasonableness of​ attorney's fees. D. It gives plaintiffs the ability to choose a state or federal court to hear the case. E. It permits courts to rule on the reasonableness of​ non-cash settlements.

D. It gives plaintiffs the ability to choose a state or federal court to hear the case. The Class Action Fairness Act​ (CAFA) does not give plaintiffs the ability to choose a certain state court over a federal​ court, or vice versa. This is called forum shopping.

Which of the following is an INCORRECT statement regarding concurrent​ jurisdiction? A. If a case involving concurrent jurisdiction is brought by a plaintiff in federal​ court, the case remains in federal court. B. If a case does not qualify to be brought in federal​ court, it must be brought in the appropriate state court. C. If the plaintiff brings a case involving concurrent jurisdiction in state​ court, the defendant can either let the case be decided by the state court or remove the case to federal court. D. It is also known as exclusive jurisdiction. E. State courts have concurrent jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.

D. It is also known as exclusive jurisdiction. Concurrent jurisdiction refers to the authority of different​ courts, each of which is authorized to hear and decide cases dealing with the same subject matter. State courts have concurrent jurisdiction with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction.

Which clause requires the government to compensate a property owner when the government takes the​ owner's property? A. Takings Clause B. Equal Protection Clause C. Free Exercise Clause D. Just Compensation Clause E. Establishment Clause

D. Just Compensation Clause The Just Compensation Clause requires the government to compensate a property owner when the government takes the​ owner's property.

Which of the following is an INCORRECT statement regarding Kantian​ ethics? A. ​Kant's philosophy is based on the premise that people can use reasoning to reach ethical decisions. B. ​Kant's ethical theory would have people behave according to the categorical​ imperative, "Do unto others as you would have them do unto​ you." C. A criticism of Kantian ethics is that it is difficult to reach consensus on what the universal rules should be. D. Kant believed that people owe moral duties that are based on conditional rules. E. According to Kantian​ ethics, keeping a promise to abide by a contract is a moral duty even though that contract turns out to be detrimental to the obligated party.

D. Kant believed that people owe moral duties that are based on conditional rules.

​_____ is a body of rules of action or conduct prescribed by controlling authority and having binding legal force. A. ​Quasi-contract B. Equity C. Morality D. Law E. Ethics

D. Law

The U.S. Constitution is an example of which school of​ law? A. Critical Legal Studies School B. Sociological School C. Command School D. Natural Law School E. Law and Economics School

D. Natural Law School The Natural Law School of jurisprudence postulates that the law is based on what is​ "correct." Natural law is​ "discovered" by humans through the use of reason and choosing between good and evil. The Constitution was based on Natural Law.

Which of the following is NOT true about a public benefit corporation​ (B corp)? A. Unlike traditional​ corporations, in which the shareholder is the main​ stakeholder, B corps by law allow directors and officers to consider other stakeholders in making corporate decisions. B. B corps can name specific public benefit​ purposes, such as reducing the​ company's carbon​ footprint, engaging in sustainability​ efforts, giving 25 percent of their profits to​ charity, and the like. C. B corps are sometimes referred to as​ mission-driven businesses and social purpose corporations. D. Only a few states have enacted legislation that permit B corps. E. A benefit corporation is a​ for-profit corporation, but with missions additional to the pure​ profit-motive.

D. Only a few states have enacted legislation that permit B corps.

What were the allegations against Apple that resulted in it settling for​ $500 million? A. The cost of the iPhone rose too rapidly. B. Apple failed to update its iPhones. C. Apple sold its iPhone division to a foreign company. D. Software updates to the iPhone were slowing it down and making it harder to use. E. Apple's employees were not being paid.

D. Software updates to the iPhone were slowing it down and making it harder to use. After the iPhone came out in​ 2007, Apple provided software updates for prior​ models, however, in some updates Apple secretly included software that actually made the​ phone's performance slower and the phone harder to use. Apple did not reveal this fact to​ consumers, tricking many users into believing that their older phones were simply slowing down from age. As a​ result, many people gave up their older iPhones and bought new iPhones. In​ 2020, Apple agreed to pay at minimum​ $325 million and at maximum​ $500 million to users of iPhones who had their phones secretly slowed down.

​Medcor, Inc., based in​ Illinois, sold medical supplies though an online website in all 50​ states, including a large number of sales to medical practices in Texas. Josefina purchased 500 face masks for her dental practice in Texas costing​ $2,500. When the face masks were discovered to be​ defective, Josefina filed suit in a Texas state court. Medcor moved to have the case dismissed as lacking jurisdiction. What would be the most likely​ result? A. The Texas court would most likely remove the case to federal court. B. The Texas court would most likely dismiss the case because of the Illinois longarm statute. C. The Texas court would most likely find that Medcor did not have the requisite minimum contacts because they did not have a Texas office. D. The Texas court would most likely find that it had personal jurisdiction over Medcor due to the​ state's long arm statute. E. The Texas court would most likely dismiss the case for lack of jurisdiction.

D. The Texas court would most likely find that it had personal jurisdiction over Medcor due to the​ state's long arm statute. If the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the​ internet, personal jurisdiction is proper under that​ state's long arm statute. Because Medcor engaged in significant sales to customers in​ Texas, it met the minimum contacts requirement under Texas state law.

​_____ the supreme law of the United States. A. Federal statutes are B. Municipal codes are C. State statutory codes are D. The United States Constitution is E. State constitutions are

D. The United States Constitution is

Which of the following is NOT true about cellphone​ texts? A. Anyone who is a party to​ litigation, or reasonably anticipates being a​ party, has a duty to preserve relevant cell phone texts that may be useful to an adversary. B. Parties may object to their production. C. They are considered electronically stored information. D. They may not be discovered in a lawsuit. E. They may be relevant to a lawsuit.

D. They may not be discovered in a lawsuit. Information stored on cellphones may be relevant and discoverable in a lawsuit. Cellphone texts would also be considered electronically stored information or ESI.

Which of the following is an INCORRECT statement regarding ethical​ fundamentalism? A. A literal interpretation of the maxim​ "an eye for an​ eye" would permit retaliation. B. Critics argue that ethical fundamentalism does not permit people to determine wrong for themselves. C. Taken to an​ extreme, the result of ethical fundamentalism could be considered unethical under most other moral theories. D. Under ethical​ fundamentalism, the people must choose the action or follow the rule that provides the greatest good to society. E. Under ethical​ fundamentalism, a person looks to an outside source for ethical rules or commands.

D. Under ethical​ fundamentalism, the people must choose the action or follow the rule that provides the greatest good to society.

​_____ dictates that people must choose the action or follow the rule that provides the greatest good to society. A. Ethical fundamentalism B. Ethical relativism C. ​Rawls's social justice theory D. Utilitarianism E. Kantian ethics

D. Utilitarianism

Which of the following is an example of the Socratic method of​ teaching? A. using PowerPoints B. giving a​ multiple-choice test C. recording lectures D. asking students questions about a case or legal issue E. giving short answer quizzes

D. asking students questions about a case or legal issue

Which of the following judges are NOT appointed for​ life? A. Supreme Court Justices B. state court judges C. federal court judges D. bankruptcy court judges E. tax court judges

D. bankruptcy court judges Federal judges of the U.S. Supreme​ Court, U.S. courts of​ appeals, and U.S. district courts are appointed for life. Judges of other courts are not appointed for life but are appointed for various periods of time​ (e.g., bankruptcy court judges are appointed for​ 14-year terms).

Why does the U.S. Supreme​ Court, which is comprised of nine​ justices, often issue​ non-unanimous decisions? A. because they use irrelevant information B. because unanimous decisions are impossible C. because the justices do not get along D. because each justice has analyzed the facts of a case and the legal issue​ presented, applied critical legal thinking to reason through the​ case, and come up with his or her own conclusion E. because each justice is required to apply a different precedent

D. because each justice has analyzed the facts of a case and the legal issue​ presented, applied critical legal thinking to reason through the​ case, and come up with his or her own conclusion The U.S. Supreme​ Court, which is comprised of nine​ justices, often issue​ non-unanimous decisions because each justice has analyzed the facts of a case and the legal issue​ presented, applied critical legal thinking to reason through the​ case, and come up with his or her own conclusion.

The United States District Courts are the federal court​ system's trial courts of​ _____ jurisdiction. A. special B. supreme C. appellate D. general E. review

D. general The United States District Courts are the federal court​ system's trial courts of general jurisdiction. General jurisdiction refers to the legal authority of a court to entertain whatever type of case comes up within the geographical area over which its power extends.

Federal law prohibits employers from hiring certain illegal alien workers. Suppose an employer advertises the availability of a job and receives no response except from​ Jacob, who cannot prove citizenship of this country and does not possess a required visa. Jacob and his family are destitute. If the employer hires​ Jacob, this would be an example of​ ________. A. legal and ethical conduct B. something legal under federal​ law, but not state law C. illegal and unethical conduct D. illegal but ethical conduct E. legal but unethical conduct

D. illegal but ethical conduct This would be an example of illegal but ethical conduct.

Laws that allow for the settlement of cases prior to trial are an example of which function of the​ law? A. facilitating planning B. keeping the peace C. facilitating orderly change D. providing a basis for compromise E. maximizing individual freedom

D. providing a basis for compromise

The original plaintiff must file a​ _____ to the original​ defendant's cross-complaint. A. dismissal without prejudice B. dismissal with prejudice C. complaint D. reply E. counterclaim

D. reply If the original defendant files a​ cross-complaint (a document filed by the defendant against the plaintiff to seek damages or some other​ remedy), the original plaintiff must file a reply​ (answer) to it. The​ reply, which can include affirmative​ defenses, must be filed with the court and served on the original defendant.

Any powers that are not specifically delegated to the federal government by the United States Constitution remain with the state governments. These are called​ _____ powers. A. discretionary B. collaborative C. shared D. reserved E. remand

D. reserved Any powers that are not specifically delegated to the federal government by the United States Constitution remain with the state governments. These are called reserved powers. State governments are empowered to deal with local affairs.

State real property​ laws, personal property​ laws, and state environmental laws are enacted under​ _____. A. the Establishment Clause B. the Equal Protection Clause C. the Takings Clause D. state police power E. the Just Compensation Clause

D. state police power State real property​ laws, personal property​ laws, and state environmental laws are enacted under state police power.

​A(n) _____ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere. A. accord B. treaty C. bill of attainder D. statute E. contract

D. statute

Which of the following is NOT a skill developed through reviewing the court cases in the​ textbook? A. ethical thinking skills B. analytical thinking skills C. critical thinking skills D. technical computer skills E. applying what you have learned to situations similar to what you may encounter during your career

D. technical computer skills

Which of the following is NOT a factor in deciding whether to bring or settle a​ lawsuit? A. the probability of winning or losing B. the​ long-term effects on the relationship and reputation of the parties C. the amount of money to be won or lost D. the lack of a venue E. ​lawyers' fees and other costs of litigation

D. the lack of a venue The lack of a venue is not a factor in deciding whether to bring or settle a lawsuit. There will always be a venue. Next question

What was the main reason for the creation of law courts by William the Conqueror during the early development of the English common​ law? A. to codify the law of merchants B. to eliminate unfair results and limited remedies C. to establish civil law D. to administer the law in a uniform manner E. to adopt the​ Romano-Germanic civil law system

D. to administer the law in a uniform manner

Which of the following is NOT a form of alternative dispute resolution​ (ADR)? A. ​mini-trial B. mediation C. arbitration D. virtual trial E. negotiation

D. virtual trial Forms of ADR include​ arbitration, negotiation,​ mediation, mini-trial,​ fact-finding, and using a judicial referee.

What else are inferior trial courts referred to​ as? A. municipal courts B. small claims courts C. ​justice-of-the-peace courts D. ​limited-jurisdiction courts E. intermediate appellate state courts

D. ​limited-jurisdiction courts Inferior trial courts are also referred to as​ limited-jurisdiction courts.

The Supreme Court in Fisher v. University of Texas at Austin held that​ _____. A. ​race-conscious admissions is unlawful under the equal protection clause B. Universities must institute a​ race-conscious admissions policy C. the University of Texas did not meet its burden of proof D. ​race-conscious admissions is lawful under the equal protection clause E. it was unlawful for the University of Texas to guarantee college admission to students who graduate from a Texas high school in the top 10 percent of their class

D. ​race-conscious admissions is lawful under the equal protection clause

​________ courts were allowed to give equitable remedies under the English common law. A. French B. German C. Merchant D. Law E. Chancery

E. Chancery

Congress passed the Indian Gaming Regulatory​ Act, a federal statute that establishes the requirements for conducting casino gambling and other gaming activities on tribal land under its authority provided in the​ _____ Clause. A. Takings B. Establishment C. Equal Protection D. Just Compensation E. Commerce

E. Commerce Congress passed the Indian Gaming Regulatory​ Act, a federal statute that establishes the requirements for conducting casino gambling and other gaming activities on tribal land under its authority provided in the Commerce​ Clause, which gives the federal government the exclusive right to regulate trade with Native American tribes.

​_____ improves a​ person's problem-solving skills and helps him or her to make​ clear, logical,​ rational, and​ well-reasoned conclusions and judgments. A. Partisanship B. Deference to authority C. Dogma D. Doctrinal thought E. Critical legal thinking

E. Critical legal thinking

Which of the following is a correct statement regarding an opening​ statement? A. After the​ defendant's presentation of​ evidence, each​ party's attorney is allowed to make an opening statement to the jury. B. After the​ plaintiff's presentation of​ evidence, each​ party's attorney is allowed to make an opening statement to the jury. C. The​ plaintiff's attorney is allowed to give an opening​ statement, but defense counsel is not. D. Defense counsel is allowed to give an opening​ statement, but the​ plaintiff's attorney is not. E. Each​ party's attorney is allowed to make an opening statement to the jury at the beginning of trial.

E. Each​ party's attorney is allowed to make an opening statement to the jury at the beginning of trial. Each​ party's attorney is allowed to make an opening statement to the jury at the beginning of a trial. During opening​ statements, an attorney usually summarizes the main factual and legal issues of the case and describes why he or she believes the​ client's position is valid. The information given in this statement is not considered as evidence.

The​ _____ system of law was the foundation from which American judges first developed a common law in the colonies. A. French B. equity C. Spanish D. merchant E. English

E. English When the American colonies were first​ settled, the English system of law was generally adopted as the system of jurisprudence. This was the foundation from which American judges developed a common law in America.

Which of the following statements is true about the early development of English common​ law? A. Rather than inquire into the merits of the​ case, the chancery court emphasized legal procedure. B. English common law is considered civil law. C. Decisions of the law courts took precedence over those of the Court of Chancery. D. English common law is based on French law. E. Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.

E. Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts.

Which of the following is an INCORRECT statement regarding​ e-dispute resolution? A. Online mediation is called​ e-mediation. B. In an online​ arbitration, a settlement can be reached rather quickly. C. Online arbitration and mediation services fees are reasonable. D. The parties act through a more objective online process rather than meet​ face-to-face. E. If a legal dispute is not settled using​ e-mediation, the parties may not pursue their case in the courts.

E. If a legal dispute is not settled using​ e-mediation, the parties may not pursue their case in the courts. If a legal dispute is not settled using​ e-mediation, the parties may pursue their case in the courts.

Which of the following is NOT true about the arrival of the information​ age? A. Courts have applied existing laws to the new digital and technological environment by requiring interpretations and applications. B. It arrived before new laws were written that were unique and specific to this environment. C. The U.S. Congress has enacted federal statutes to regulate the new environment. D. New laws have been written that apply specifically to this new digital and information technology environment. E. It arrived after new laws were written that were unique and specific to this environment.

E. It arrived after new laws were written that were unique and specific to this environment.

The​ ________ School of jurisprudence believes that promoting market efficiency should be the central goal of legal decision making. A. Natural Law B. Sociological C. Analytical D. Historical E. Law and Economics

E. Law and Economics

Which of the following statements about discovery is​ true? A. Only a party to a lawsuit may be deposed. B. Depositions are written questions that a witness must answer in writing. C. A deponent may not correct mistakes in the transcript. D. The defendant could file an intervention. E. Only a party to a lawsuit is required to answer interrogatories.

E. Only a party to a lawsuit is required to answer interrogatories. Only a party to a lawsuit is required to answer interrogatories.

In POM​ Wonderful, LLC v.​ Coca-Cola Company​, the court held that​ ________. A. There is no private right of action under the Lanham Act B. POM could not bring an action under Section 43 of the Lanham Act C. the case could be dismissed D. ​Coca-Cola's labeling violated the law E. POM could proceed with an action under Section 43 of the Lanham Act

E. POM could proceed with an action under Section 43 of the Lanham Act

Which of the following is NOT true about profit maximization​ theory? A. Milton​ Friedman, who won the Nobel Prize in economics when he taught at the University of​ Chicago, advocated the theory of maximizing profits for shareholders. B. Profit maximization theory holds that the interests of other constituencies​ (e.g., employees,​ suppliers, residents of the communities in which businesses are​ located) are not important in and of themselves. C. The traditional view of the social responsibility of business is that business should maximize profits for shareholders. D. Friedman asserted that in a free​ society, "there is one and only one social responsibility of​ business-to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the​ game, which is to​ say, engages in open and free competition without deception and​ fraud." E. Profit maximization theory holds that the interests of other constituencies​ (e.g., employees,​ suppliers, residents of the communities in which businesses are​ located) must be given consideration over profit.

E. Profit maximization theory holds that the interests of other constituencies​ (e.g., employees,​ suppliers, residents of the communities in which businesses are​ located) must be given consideration over profit. The traditional view of the social responsibility of business is that business should maximize profits for shareholders. This​ view, which dominated business and the law during the nineteenth​ century, holds that the interests of other constituencies​ (e.g., employees,​ suppliers, residents of the communities in which businesses are​ located) are not important in and of themselves. Milton​ Friedman, who won the Nobel Prize in economics when he taught at the University of​ Chicago, advocated the theory of maximizing profits for shareholders. Friedman asserted that in a free​ society, "there is one and only one social responsibility of business- to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the​ game, which is to​ say, engages in open and free competition without deception and​ fraud."

Which of the following is NOT true about the social responsibility of​ business? A. Social responsibility requires corporations and businesses to act with awareness of the consequences and impact that their decisions will have on others. B. Corporations and businesses are considered to have some degree of responsibility for their actions under corporate social responsibility theory. C. In the​ past, many business decisions were based solely on a​ cost-benefit analysis and how they affected the bottom line. D. Decisions made by businesses have​ far-reaching effects on society. E. Social responsibility requires that business decisions be based solely on a​ cost-benefit analysis and how they affect the bottom line.

E. Social responsibility requires that business decisions be based solely on a​ cost-benefit analysis and how they affect the bottom line.

​_____ provides that the U.S.​ President, with the advice and consent of​ two-thirds of the​ Senate, may enter into treaties with foreign governments. A. The United States Supreme Court B. Statutory law C. Common law D. Executive order E. The United States Constitution

E. The United States Constitution A treaty is a compact made between two or more nations. According to the U.S.​ Constitution, the​ President, with the advice and consent of​ two-thirds of the​ Senate, may enter into treaties with foreign governments. Treaties become part of the supreme law of the land.

What is a statute of​ limitations? A. A limit to the number of times you can sue someone for the same crime. B. The maximum length of time a court case may last before reaching a default decision. C. The maximum dollar amount for which the plaintiff can choose to sue. D. The minimum dollar amount for which the plaintiff can choose to sue. E. The period during which a plaintiff must bring a lawsuit against a defendant.

E. The period during which a plaintiff must bring a lawsuit against a defendant. The statute of limitations is the period during which a plaintiff must bring a lawsuit against a defendant. If a lawsuit is not filed within this time​ period, the plaintiff loses the right to sue.

​_____ is a moral theory with origins in the works of Jeremy Bentham and John Stuart Mill. A.​ Rawls's social justice theory B. Ethical relativism C. Ethical fundamentalism D. Kantian ethics E. Utilitarianism

E. Utilitarianism

The universal rules of Kantian ethics are based on two important​ principles: 1) consistency that ​is, __________, with no​ exceptions-and 2) reversibility that ​is, __________ the morality of someone​ else's conduct. A. all cases are treated​ alike; the actor must be able to explain B. all people are treated​ differently; the actor must abide by the rule he or she uses to judge C. all people are treated​ alike; the actor must reverse their opinion about D. all cases are treated​ alike; the actor must reverse their opinion about E. all cases are treated​ alike; the actor must abide by the rule he or she uses to judge

E. all cases are treated​ alike; the actor must abide by the rule he or she uses to judge

English​ _____ law was developed by​ judges, who issued their opinions when deciding cases. The principles in these cases became precedent for later judges deciding similar cases. A. arbitration B. constitutional C. statutory D. colonial E. common

E. common

Virtual courthouses may also be referred to as​ _______. A. network courts B. computer courts C. digital courthouses D. web courthouses E. electronic courts​ (e-courts)

E. electronic courts​ (e-courts) Electronic courts​ (e-courts) are also sometimes referred to as virtual courthouses.

A protest against the border wall along the Rio Grande River is an example of​ _____ protected speech. A. conditionally B. substantially C. marginally D. partially E. fully

E. fully Political speech is an example of fully protected speech.​ Thus, the government could not enact a law that forbids citizens from criticizing a government​ action, such as building a border wall.

The​ ________ court in a state court system hears appeals from intermediate appellate state courts and certain trial courts. A. shortest B. smallest C. medium D. lowest E. highest

E. highest The highest court in a state court system hears appeals from intermediate appellate state courts and certain trial courts.

Federal and state laws make bribery unlawful. A person violates the law if he or she bribes a judge for a favorable decision in a case. Ethics would also prohibit this conduct. This is an example of how law and ethics​ _____. A. conflict B. are conditional C. are mutually exclusive D. are distinguishable E. intertwine

E. intertwine Ethics and the law are intertwined. Sometimes the rule of law and the rule of ethics demand the same response by a person confronted with a problem. For​ example, federal and state laws make bribery unlawful. A person violates the law if he or she bribes a judge for a favorable decision in a case. Ethics would also prohibit this conduct. This is an example of how law and ethics intertwine.

Ethics and the law are​ _____. A. synonymous B. one and the same C. contradictory D. mutually exclusive E. intertwined

E. intertwined

If Ahmad and Amir enter into a lawsuit over the ownership of a certain parcel of real estate that has a mortgage on​ it, and the bank that made the loan has an interest in the​ outcome, what may the bank​ do? A. file a class action suit against the parties B. file a motion to dismiss the lawsuit C. appeal the lawsuit D. ask for a consolidation of the lawsuit E. intervene in the lawsuit

E. intervene in the lawsuit A bank that has made a secured loan on a piece of real estate can intervene in a lawsuit between parties who are litigating ownership of the property.

English common law was developed by​ _____. A. feudal lords B. the British prime minister C. Parliament D. the British legislature E. judges

E. judges English common law was developed by judges who issued their opinions when deciding cases. The principles announced in these cases became precedent for later judges deciding similar cases.

Some laws prevent the forceful overthrow of the government. These laws promote which of the following primary functions of​ law? A. promoting social justice B. maximizing individual freedom C. shaping moral standards D. facilitating planning E. maintaining the status quo

E. maintaining the status quo The law is often described by the function it serves in a society. Laws that prevent the forceful overthrow of the government serve the function of maintaining the status quo.

What is the traditional view of the social responsibility of​ business? A. stakeholder interest B. ethical harmony C. corporate citizenship D. moral minimum E. maximize profits

E. maximize profits

Which theory of the social responsibility of business dominated business and the law during the nineteenth​ century? A. stakeholder interest B. corporate dissolution C. corporate citizenship D. moral minimum E. maximize profits

E. maximize profits The traditional view of the social responsibility of business is that business should maximize profits for shareholders. This​ view, which dominated business and the law during the nineteenth​ century, holds that the interests of other constituencies​ (for example,​ employees, suppliers, and residents of the communities in which businesses are​ located) are not important in and of themselves.

A purpose of the U.S. Constitution is to promote​ _______. If the states were permitted to enact laws that favored their residents over​ out-of-state residents, this concept would be defeated. A. communism B. patriotism C. dictatorship D. democracy E. nationalism

E. nationalism The purpose of the U.S. Constitution is to promote nationalism. If the states were permitted to enact laws that favored their residents over​ out-of-state residents, the concept of nationalism would be defeated.

​A(n) _____ is a law enacted by local government​ bodies, such as cities and​ municipalities, counties, school​ districts, and water districts. A. statute B. treaty C. accord D. entreaty E. ordinance

E. ordinance

If the federal government or a state government brings a criminal lawsuit against a defendant for the alleged commission of a​ crime, the government must notify the person of its intent​ (by charging the defendant with a​ crime) and provide the defendant with a proper hearing​ (a trial). This is an example of​ _____ due process. A. collateral B. subordinate C. substantive D. conditional E. procedural

E. procedural Procedural due process requires the government to give a person proper notice and a hearing of the legal action before that person is deprived of​ life, liberty, or property.

Some laws prohibit discrimination in employment. These laws promote which of the following primary functions of​ law? A. maintaining the status quo B. providing a basis for compromise C. maximizing individual freedom D. facilitating orderly change E. promoting social justice

E. promoting social justice The law is often described by the function it serves in a society. Laws that prohibit discrimination in employment serve the function of promoting social justice.

Technology is being used in courts and legal proceedings in each of the following ways EXCEPT​: A. electronic filing of documents B. telephone conferences with the judge or opposing counsel C. scanning of evidence for digital storage and retrieval D. ​e-mailing documents to the court E. replacing the jury with Artificial Intelligence​ (AI)

E. replacing the jury with Artificial Intelligence​ (AI) Technology allows for the electronic filing—​e-filing—of ​pleadings, briefs, and other documents related to a lawsuit. In​ addition, technology allows for the scanning of evidence and documents into a computer for storage and retrieval and for​ e-mailing correspondence and documents to the​ court, the opposing​ counsel, and clients. Scheduling and other conferences with the judge or opposing counsel are held via telephone conferences and​ e-mail. Many courts have instituted electronic document filing and tracking. In some​ courts, e-filing of pleadings and other documents is now mandatory. Companies such as Microsoft and LexisNexis have developed systems to manage​ e-filings of court documents. Juries are not being replaced with Artificial Intelligence​ (AI).

What do pretrial motions generally seek to​ do? A. get a new jury B. get a new judge C. allow for more time to question witnesses D. add additional defendants E. resolve or dispose of all or part of the lawsuit prior to trial

E. resolve or dispose of all or part of the lawsuit prior to trial The purpose of a pretrial motion is to try to resolve or dispose of a lawsuit before it reaches trial. The two types of pretrial motions are motion for judgement on the pleadings and motion for summary judgement.

What are the three different standards of review adopted by the Supreme Court for deciding whether the​ government's different treatment of people or businesses violates or does not violate the Equal Protection​ Clause? A. strict scrutiny​ test, midway scrutiny​ test, and rational basis test B. strict scrutiny​ test, intermediate scrutiny​ test, and logical basis test C. severe scrutiny​ test, midway scrutiny​ test, and rational basis test D. severe scrutiny​ test, intermediate scrutiny​ test, and rational basis test E. strict scrutiny​ test, intermediate scrutiny​ test, and rational basis test

E. strict scrutiny​ test, intermediate scrutiny​ test, and rational basis test The Supreme Court has adopted three different standards of review for deciding whether the​ government's different treatment of people or businesses violates or does not violate the Equal Protection​ Clause: the strict scrutiny​ test, the intermediate scrutiny​ test, and the rational basis test.

What was the main reason for the establishment of chancery courts during the development of English common​ law? A. to administer the law in a uniform manner B. to establish civil law C. to codify the law of merchants D. to adopt the​ Romano-Germanic civil law system E. to eliminate unfair results and limited remedies of law courts

E. to eliminate unfair results and limited remedies of law courts

Which of the following is NOT a function of an intermediate appellate​ court? A. to review the trial court record for errors B. to determine if a trial court decision should be reversed C. to review legal briefs stating law and facts to support the positions of the parties D. to determine if the trial court decision should be modified E. to examine new evidence and take new testimony

E. to examine new evidence and take new testimony An intermediate appellate court reviews the trial court record to determine whether there have been any errors at trial that would require reversal or modification of the trial​ court's decision. No new evidence or testimony is permitted.

What is the function of the​ state's highest​ court? A. to reconvene a jury B. to consider new evidence C. to facilitate jury deliberations D. to conduct voir dire of a jury E. to hear appeals from intermediate appellate courts and certain trial courts

E. to hear appeals from intermediate appellate courts and certain trial courts The function of a​ state's highest court is to hear appeals from intermediate appellate state courts and certain trial courts.

If an action would increase the good of 25 people by one unit each and an alternative action would increase the good of one person by 26​ units, then, according to​ _____, the latter action should be taken. A. Kantian ethics B. ethical fundamentalism C. ​Rawls's social justice theory D. ethical relativism E. utilitarianism

E. utilitarianism

Section 406 of the​ _____ Act requires a public company to disclose whether it has adopted a code of ethics for senior financial​ officers, including its principal financial officer and principal accounting officer. A. ​Taft-Hartley B. ​Smoot-Hawley C. ​Gramm-Rudman D. ​Landrum-Griffin E. ​Sarbanes-Oxley

E. ​Sarbanes-Oxley